Section 408 in The Indian Penal Code, 1860
408. Criminal breach of trust by clerk or servant.—
Whoever, being a clerk or servant or employed
under Section 405 , Indian Penal Code. Notwithstanding these differences, it is really difficult to find a case coming under Section 409 , Indian Penal Code ... Section 409 , Indian Penal Code, the punishment prescribed under Section 5 (1) is higher than that prescribed under Section 406 or 407, Indian Penal Code
IPC read with section 120-B IPC and co-accused
Gursharan Singh was convicted u/s. 120-B IPC ... IPC and was acquitted for offence puninshable u/s. 477A
IPC.
6.1 Section 408 IPC deals with whoever, being
Vivekanand Mishra is facing trial for offences u/s.
381 / 408 / 420 / 468 / 471 / 411 Indian Penal Code, 1860. [Hereinafter ' IPC ... Provision of section 207 Cr.P.C.
was complied on 18.11.2008.
6. Charges 381/408/420/468/471/411 IPC were framed
complainant and has thereby committed the offence punishable
under Section 408 of the Indian Penal Code (hereinafter, " IPC "),
for which ... found guilty and is
CONVICTED of the offences under section 408 of the Indian
Penal Code, 1860.
32. Copy of the judgement be provided free
prove the following essential ingredients of the said Sections:
a. Section 408 IPC: That the accused was a clerk or servant, that ... discuss the ingredients of criminal breach of trust defined U/s
405 of Indian Penal Code , 1860. In para no.8 of the judgment titled
faced trial for the offences
punishable under Sections 408 and 411 of the Indian Penal
Code. The case of the prosecution is that the accused ... statement of
accused under Section 313 Cr.P.C. read with Section 281
Cr.P.C. and Sections 316 and 351 BNSS was recorded
articles when the same were demanded by the
complainant".
Section 408 IPC punishes whoever, being a clerk or servant or employed ... IPC
6 / 15
10. The ingredients of offence under section 408 IPC are as
follows:
The accused must be a clerk
vide order dated 05.02.2007 held
that prima facie a case U/ Sec.408 IPC was made out against the accused and
accordingly charge ... Sec.408 IPC was framed against him to which he pleaded
not guilty and claimed trial.
3. The prosecution had cited 12 witnesses
vide the said
order of Ld. Predecessor cognizance of offence under Section 408
IPC was taken.
3. On appearance of accused, charge ... section 27 of Indian Evidence Act, the same cannot be read in
evidence.
18. However, it is well settled that under Section 408 IPC